Jump to ContentJump to Main Navigation
Delegation of Governmental Power to Private PartiesA Comparative Perspective$
Users without a subscription are not able to see the full content.

Catherine M. Donnelly

Print publication date: 2007

Print ISBN-13: 9780199298242

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199298242.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 July 2020

Legislative and Regulatory Controls on Delegation

Legislative and Regulatory Controls on Delegation

(p.166) 5 Legislative and Regulatory Controls on Delegation
Delegation of Governmental Power to Private Parties

Catherine M Donnelly

Oxford University Press

This chapter considers control techniques which tend to regulate the day-to-day management details of private delegation. The focus is on executive delegators, because by their nature — and unlike the constitutional controls considered in Chapter 4, which have the potential to apply to all governmental actors — legislative and regulatory controls are not generally used to constrain legislators. The emphasis is also primarily on the executive's use of its dominium power as an instrument of delegation; in particular, the use of contract and grant as mechanisms of delegation are examined carefully. Questions considered include limiting the tasks that can be delegated to private actors through regulation and protection of vulnerable populations through procurement rules. An extensive range of legal control is reviewed including public-private partnership policy statements, private finance initiative, EU public procurement law, the EU's 2002 Financial Regulation, the US Federal Acquisitions Regulations, and US federal Circular A-76.

Keywords:   financial regulation, public procurement, contracting out, secondary policies, public-private partnerships, Circular A-76

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .